Article 1 – Definitions

Organizer: Alpine Edge, established at Kruisweg 65 E, 2011LB Haarlem, registered under Chamber of Commerce (KvK) number 97061433. Traveler: any person who wishes to conclude an agreement with the Organizer relating to a Trip and any person who, under the agreement, has the right to travel; Travel Service: the services that form part of the trip, such as passenger transport, car rental, accommodation and excursions. Travel Service Provider: the service provider that performs part of the Trip, such as accommodation providers, carriers, external guides, etc. Agreement: the agreement relating to the booked Trip, including these Terms. In Writing: in writing or electronically, including by email. Terms: these general terms and conditions. Package Travel: a package tour within the meaning of the law. Trip: a Package Travel or, if these Terms have been declared applicable to it, a single Travel Service. Business Days: Monday through Friday, excluding public holidays recognized in the Netherlands, during business hours (9:00–17:00 Dutch time).

Article 2 – Applicability of Terms

2.1 Package Travel

These Terms apply to all Package Travel offered by the Organizer or agreed with the Organizer.

2.2 Deviating and additional terms

Deviating and additional terms must be agreed In Writing and shall prevail over these Terms.

THE BOOKING

Article 3 – Formation of the Agreement

3.1 Contents of the offer

The offered Trip includes only the services and facilities expressly described in the quotation and publications of the Organizer. Information in publications of Travel Service Providers does not form part of the offer, regardless of whether a link to it is included in the Organizer’s offer. The stated trip duration is indicated in whole days, with the day of departure and the day of arrival counted as whole days.

3.2 Non-binding offer

The Organizer’s offer is non-binding and may be revoked by the Organizer after acceptance up to 17:00 on the next Business Day.

3.3 The booking

The Agreement is concluded as soon as the Traveler accepts the Organizer’s offer, subject to availability of the Trip.

3.4 Obvious errors

Obvious errors in the offer are not binding on the Organizer. If there is any reason for doubt, the Traveler must make inquiries.

3.5 Preferences

No rights can be derived from preferences communicated by the Traveler unless the Organizer has confirmed In Writing that it will meet the preference. Merely stating a preference on travel documents and/or the booking confirmation is insufficient.

3.6 Special requirements

If, at the time of booking, the Traveler informs the Organizer of medical requirements or other important interests as a “requirement”, the Organizer will assess whether it can meet them. If the Organizer cannot or does not wish to meet the requirements, the Agreement will not be concluded. The Organizer may implement a price change in connection with the stated requirements.

3.7 Booking confirmation

After the Trip is booked and availability has been checked, the Organizer will send a booking confirmation.

3.8 Withdrawal by traveler

A booking of the Trip is final. The Traveler has no right to withdraw from the Agreement.

3.9 Minors

The Traveler booking the Trip must be of legal age.

3.10 Booking for other Travelers & communication

The Traveler who books for other Travelers is jointly and severally liable for all obligations arising therefrom. The other Travelers are each liable for their own share. The confirmation, invoice, travel documents and all other communication will only be sent to the Traveler who makes the booking. The Traveler booking on behalf of others must provide relevant personal circumstances of those other Travelers at the time of booking. The Traveler booking on behalf of others is obliged to provide those other Travelers with these Terms and other relevant communication. The Traveler making the booking indemnifies the Organizer against damage resulting from failure to comply with the above obligations.

INFORMATION

Article 4 – Information by the Organizer

4.1 Travel price

Stated prices apply per person, unless expressly stated otherwise.

4.2 Travel documents

During the Trip, the Traveler must have the necessary travel documents, such as a passport, visas, vaccination certificates, etc. Given the great importance of this, the Traveler must verify with the competent authorities that the information is complete and up to date. Before booking the Trip, the Traveler must check whether there is sufficient time to obtain the necessary travel documents. If the Traveler cannot undertake the Trip, or cannot undertake it in full, due to the absence of the correct travel documents, the costs are for the Traveler’s account.

4.3 Travel documents (tickets/vouchers)

The travel documents (transport tickets, vouchers, etc.) will be sent to the Traveler no later than 7 days before departure, unless the invoice has not yet been paid in full. If the Traveler has not received the travel documents 5 days before departure, the Traveler must inform the Organizer immediately.

4.4 Insurance

The Traveler is obliged to take out travel insurance that provides coverage for all activities/mountain sports in the countries that form part of the Trip. The Traveler is advised to take out cancellation insurance.

Article 5 – Information by the Traveler

5.1 Relevant information of the Traveler(s)

Before booking, the booking Traveler provides all relevant information about the registered Travelers, in particular information that may affect the health or safety of the Traveler or others. If the information provided proves to be incorrect or incomplete, the Traveler may be excluded from participation or the Agreement may be cancelled by the Organizer, unless this would be unreasonable in the specific case. In that event, the Traveler owes the actual damage resulting from the cancellation.

5.2 Reduced mobility, pregnant women and illness

Travelers with reduced mobility and their assistants, pregnant women and Travelers with an illness that may affect the Trip must report this to the Organizer when entering into the Agreement or, in any case, as soon as possible after the Traveler becomes aware of it, in connection with any consequences for the Trip and in particular air transport. These Travelers must verify with the carrier themselves whether a medical certificate is required in order to travel.

BEFORE THE TRIP

Article 6 – Payment

6.1 Deposit

The deposit amounts to 25% of the travel price plus the full amount of any flight tickets. The deposit must be received within 14 days after booking.

6.2 Balance payment

The remaining travel price must be paid no later than 6 weeks before the start of the Trip. For bookings made within 6 weeks before the start of the Trip, the full travel price must be paid immediately after booking. In any event, full payment must be received before the start of the Trip.

6.3 Default and interest

If the Traveler does not pay within the agreed term, the Traveler is in default without further notice of default being required and statutory interest is due on the outstanding amount.

6.4 Collection costs

The Traveler must pay extrajudicial collection costs if the Traveler has not paid within the final payment term set by a Written reminder. The extrajudicial collection costs amount to: 15% of the claim up to €2,500; 10% over the next €2,500; 5% over the next €5,000; and 1% over the remainder.

6.5 Further consequences of non-payment

As long as the Traveler has not paid, the Organizer may retain the travel documents. If payment is still not made after a reminder, or if payment has not been made before the start of the Trip, the Organizer may exclude the Traveler from participation. The obligation to pay remains. Instead of excluding the Traveler from participation, the Organizer may cancel the Agreement. In that case, the Traveler owes the actual damage resulting from the cancellation.

Article 7 – Substitution

7.1 Conditions and notice

A Traveler may transfer the Trip to another person. The other person must meet all conditions applicable to the Trip. Transfer is only possible insofar as the conditions of the relevant Travel Service Provider allow it. If flight tickets form part of the Trip, transfer of the flight tickets is often not possible. Transfer of the Trip is then possible if—at the Traveler’s expense—new flight tickets are booked. The Traveler must request the Organizer no later than 7 days before the Trip to substitute the person.

7.2 Joint and several liability and additional costs

The Traveler and the person taking over the Trip are jointly and severally liable for payment of the travel price and additional costs arising from the substitution, including amendment fees.

Article 8 – Change at the Traveler’s request

8.1 Change

The Traveler who booked the Trip may request the Organizer to amend the Agreement. The Organizer is not obliged to do so. The Organizer will inform the Traveler of the new travel price. If the Traveler agrees to the costs of the change, the new travel price and change costs are due. If the new travel price is lower than the original travel price, the difference will be offset against the change costs due.

8.2 Change of departure date

Unless the Organizer indicates that a rebooking is involved, changing the departure date at the Traveler’s request constitutes cancellation of the existing agreement and the conclusion of a new agreement. The cancellation scheme of Article 9 [cancellation costs] applies to the cancelled agreement.

Article 9 – Cancellation by the Traveler

9.1 Cancellation

The Traveler may cancel the booking before the start of the Trip. Cancellation must be made In Writing. The date on which the Organizer receives the cancellation is regarded as the time of cancellation. If received after 17:00 or outside Business Days, the next Business Day is regarded as the date of receipt.

9.2 Cancellation costs

The Traveler may cancel the Trip at any time before departure. In that case, the Traveler owes the following amounts:

1. up to 3 months before the departure date: 25% of the travel price; b. from 3 months up to 1 month before the departure date: 50% of the travel price; c. from 1 month up to 14 days before the departure date: 75% of the travel price; d. from 14 days before departure: 100% of the travel price.

9.3 Reduction in number of travelers

If, within one booking, the number of Travelers is reduced, the Organizer may, at its discretion, charge as cancellation costs:

• the standard cancellation costs referred to in paragraph 2 of this article; or
• the full travel price of the cancelled person minus the cost savings resulting from the cancellation.

9.4 Cancellation costs after a rebooked trip

It may occur that the Traveler and Organizer rebook the Trip to a later time. If the Traveler cancels the rebooked Trip, the cancellation costs are at least the amount that would have been due if cancellation had taken place on the date of rebooking.

9.5 Travel credits granted as a goodwill gesture

If a Trip has been cancelled by the Traveler and a travel credit is granted as a goodwill gesture, the following applies (unless other conditions are communicated by the Organizer): – the travel credit must be used within one year after it is granted; – the new trip must commence within two years after the travel credit is granted; – the travel credit is linked to the Traveler and is non-transferable; – the travel credit can only be used for the same Trip at a later time; – if the trip at a later time is more expensive, the price difference will be charged to the Traveler; – if the Traveler cancels the Trip that was booked using a travel credit granted as a goodwill gesture, the travel credit will lapse.

Article 10 – Price change

10.1 Price change

Up to 20 days before the start of the Trip, the Organizer may increase the travel price due to price changes in: – fuel costs or other energy sources; or – taxes or fees imposed by third parties not directly involved in the execution of the Trip. The Organizer may include in the Agreement that it may increase the travel price up to 20 days before the start of the Trip on the basis of changes in exchange rates. The Agreement must include the method of price recalculation based on the exchange rate.

10.2 Termination by the Traveler

If the price increase amounts to more than 8% of the travel price, the Traveler may terminate the Agreement and will receive a refund of the paid travel price.

10.3 Price reduction

If the right to increase the price has been agreed, the Traveler has a corresponding right to a price reduction. An administration fee of €30 will be deducted from the amount due to the Traveler.

Article 11 – Adjustment to (weather) conditions, change by the Organizer

11.1 Weather

The Trip is offered subject to the need for adjustment due to weather influences, local conditions, and the competence, fitness, medical condition and experience of the participants. The risk of this (the consequences for the Trip) lies with the Traveler.

11.2 Continuation in bad weather

Without prejudice to the following, the activities will, in principle, continue even in bad weather, whether or not in adapted form. If the weather, local circumstances or other factors mean that the activity cannot be carried out safely, an alternative tour, route or an alternative program will be carried out, adapted to the circumstances. This may also mean staying in or near the accommodation and carrying out a limited program in or around the accommodation. The judgment that an activity cannot be carried out safely rests entirely with the Organizer.

11.3 Changes

Before the start of the Trip, the Organizer may unilaterally make minor changes to the Trip. The Traveler will be informed of this.

11.4 Significant changes

If necessary, the Organizer may significantly change the main characteristics before the start of the Trip. This also includes offering an alternative Trip. The Traveler may accept the change or terminate the Agreement without paying cancellation costs. Upon termination, the travel price paid by the Traveler will be refunded. The Organizer may set a reasonable period within which the Traveler must make its choice clear. If the Agreement is not terminated within the set period, the change will be deemed accepted and the right to terminate will lapse.

Article 12 – Cancellation by the Organizer

12.1 Cancellation due to minimum numbers

The Organizer may cancel the Agreement before the start of the Trip if the number of registrations is less than the minimum number stated in the Agreement and the Traveler is informed no later than: – 20 days before the start for a Trip of 6 days or more; – 7 days before the start for a Trip of 2 to 6 days; – 48 hours before the start for a Trip of less than 2 days.

12.2 Cancellation due to force majeure

The Organizer may cancel the Agreement before the start of the Trip if the Organizer cannot perform the Agreement as a result of unavoidable and extraordinary circumstances.

12.3 Refund of paid travel price – no compensation

In the above cases, the Organizer will refund amounts already received within 14 days and no compensation is due. Costs incurred by the Traveler for services that fall outside the Agreement, such as vaccinations, visas, purchase of equipment, insurance, and—if not included in the Trip—air travel, tickets, accommodation, etc., will not be reimbursed.

12.4 Cancellation due to the Traveler

If the Traveler does not meet pre-set participation requirements or if incorrect or incomplete information about the Traveler has been provided, the Organizer may cancel the Agreement. In that case, the Traveler owes the actual damage resulting from the cancellation.

PERFORMANCE OF THE TRIP

Article 13 – Responsibility & shortcomings

13.1 Proper performance of the Trip

The Organizer is responsible for the performance of the agreed Travel Services, regardless of whether these are performed by the Organizer itself or by another Travel Service Provider. The Organizer must perform the Agreement in accordance with the expectations that the Traveler could reasonably have based on the publications, the Agreement and the circumstances at the travel destinations.

13.2 Changes to itinerary and travel times

The Organizer will inform the Traveler of changes to the itinerary. If the Organizer is not aware of the place of stay, the Traveler will only be informed via the email address or mobile phone number known to the Organizer.

13.3 Traveler’s duty to complain

The Traveler must immediately notify the Travel Service Provider and the Organizer, in line with Article 17 [complaints], of defects or issues in the performance of the Travel Services.

13.4 Remedy by the Organizer

The Organizer will ensure that shortcomings are remedied. A shortcoming need not be remedied if this is impossible or entails disproportionately high costs.

13.5 Compensation

If the shortcoming cannot be remedied, the Organizer (or Travel Service Provider) will consult with the Traveler and may, where appropriate, arrange compensation or an alternative. The Traveler has no right to compensation or an alternative if the shortcoming is attributable to the Traveler.

Article 14 – Help and assistance

14.1 Mandatory assistance

The Organizer provides the Traveler with help and assistance if the Traveler is in difficulty, in particular by providing appropriate information about medical services, local authorities and consular assistance, and by assisting the Traveler in using distance communication and in finding alternative travel arrangements.

14.2 Costs

The Organizer will charge a reasonable fee for help and assistance if the difficulties arose due to intent or negligence of the Traveler.

LIABILITY

Article 15 – Own risk, attribution, force majeure and exclusions of liability

15.1 Own risk

The offered Travel Services and/or mountain sports activities involve an unavoidable risk of damage and accidents. Despite careful conduct by the Organizer and Travel Service Providers, the risk of damage, death or serious injury cannot be excluded. The Organizer’s insurance options for damage are also limited. An own risk for the Traveler is therefore inseparably linked to participation.

15.2 Attribution & force majeure

The Traveler has no right to compensation for damage suffered by the Traveler as a result of a shortcoming attributable to:

1. the Traveler;
2. third parties not directly involved in the performance of the Agreement, and the shortcoming could not be foreseen or prevented; or
3. unavoidable and extraordinary circumstances.

15.3 Limitation of liability

Any liability of the Organizer for damage is limited to three times the travel price, unless the damage results from the Traveler’s death or personal injury, or the damage was caused by intentional or negligent conduct of the Organizer.

15.4 Limitation/exclusion under treaty or EU regulation

If the Organizer is liable for any damage, including damage resulting from the Traveler’s death or personal injury, such liability will be limited or excluded to the extent permitted under the relevant international treaties and/or EU regulations relating to the individual Travel Services.

15.5 Insured damage

The Organizer is not liable for damage that is covered by insurance policies, such as health, travel, event, or cancellation insurance.

15.6 Limitation period

Any claim by the Traveler for compensation for damage and other claims by the Traveler shall become time-barred two years after the Trip took place. If the Trip did not take place, it becomes time-barred two years after the scheduled start date.

15.7 Expiry of right

Without prejudice to the limitation period and the duty to complain in time, any claim by the Traveler for compensation for damage shall lapse three years after the start date of the Trip.

15.8 No double compensation

The Traveler has no right to double compensation. If the Traveler is entitled to compensation under international treaties or EU regulations, the Traveler will not also receive compensation under this Agreement.

TRAVELER OBLIGATIONS

Article 16 – Traveler obligations

16.1 Conduct and compliance with instructions

The Traveler must behave as a reasonable Traveler and is obliged to follow all instructions of the Organizer and the Travel Service Providers.

16.2 Consequences of non-compliance – exclusion from participation

In the event of non-compliance with instructions or if a Traveler causes nuisance, the Organizer/Travel Service Provider may deny the Traveler further participation in the Trip in whole or in part. The Traveler will then have no right to a refund of monies. Any further costs arising as a result are for the Traveler’s account.

16.3 Warning

Before the Traveler is excluded from participation, the Traveler will first receive an oral or written warning. A warning is not required if, given the circumstances, it is not appropriate.

16.4 Traveler liability and indemnification

The Traveler is liable for damage caused by their conduct, failure to comply with the obligations in this article, or damage that can otherwise be attributed to them. The Traveler indemnifies the Organizer against claims from Travel Service Providers involved in the Trip, other Travelers or third parties for damage caused by or attributable to the Traveler.

16.5 Check return travel time

The Traveler must verify the exact departure time no later than 24 hours before the planned start of the return journey.

16.6 Formal health requirements

The Traveler must comply with all health requirements applicable at the destination (and transit countries). Governments may change these requirements without prior notice. The consequences of such changes fall within the Traveler’s risk sphere.

16.7 Measures by Travel Service Providers

Travel Service Providers may take all reasonable measures and require Travelers’ cooperation, including to prevent and combat incidents, to limit health risks, to prevent damage, or to comply with government regulations. In the event of non-compliance with the measures or instructions, the Traveler may be denied the Travel Service and access.

16.8 Use of equipment

The Traveler must treat provided materials properly. Upon receipt, the Traveler must inspect these items and report defects immediately. If no report is made, the equipment is deemed to have been in proper condition at the start. The Traveler is liable for damage, loss or theft of the equipment made available.

OTHER PROVISIONS

Article 17 – Complaints

17.1 Information

Before the start of the Trip, the Organizer provides contact details for emergencies.

17.2 Reporting on site

If the Traveler believes that the Trip is not being properly performed, the Traveler must immediately report the problem or defect to the relevant Travel Service Provider so that it can offer a solution. If the Organizer’s tour leader is present on site, the complaint must also be reported immediately to the tour leader. If there is no tour leader on site, the complaint must also be reported to the Organizer. This can be done via WhatsApp, SMS text message, by telephone, or on Business Days during Dutch office hours (9:00–17:00) also by email.

17.3 Communication costs

The Traveler must limit any communication costs, including by using calling via the internet, WhatsApp and email.

17.4 Submit unresolved complaint after return

All complaints that, in the Traveler’s view, have not been fully resolved or compensated during the Trip must be submitted to the Organizer within two months after the Trip, In Writing and with reasons stated.

17.5 Consequences of not (timely) reporting the shortcoming or complaint

Failure to complain, or failure to complain in time, in accordance with paragraph 2 [Reporting on site] of this article may affect the amount of any compensation, unless the Organizer’s interests have not been harmed by the late complaint. Complaints not received in time after return will not be handled, unless this is unreasonable in the circumstances of the case.

Article 18 – Other provisions

18.1 Third-party rights

Subordinates, assistants and other third parties involved in the performance of the Agreement may invoke the provisions of the Agreement and these Terms (including the exclusions of liability) against the Traveler.

18.2 Substitute provisions

If mandatory law prevents the validity of a provision in these Terms, or if a provision is nullified, that provision will be deemed converted into a valid provision that most closely approximates the original intent in content and scope.

18.3 Governing law

Dutch law applies exclusively to the offer, the Agreement and the performance of the Agreement, unless this conflicts with mandatory law. If the consumer resides outside the Netherlands at the time of booking, the following applies: Despite the choice of law, the consumer enjoys the protection afforded by the mandatory law of the country of their residence if (cumulatively): – the Organizer directed its commercial activities for the agreed Trip to the country where the consumer resides; and – the agreed Travel Services are performed in whole or in part in that country.

18.4 Competent court

The District Court of North Netherlands, location Haarlem, has exclusive jurisdiction to hear disputes relating to the Agreement and matters connected with it, unless this conflicts with mandatory law. The Organizer is also permitted to summon the Traveler before the court in the Traveler’s place of residence.

Article 19 – VZR Garant

19.1 Insolvency protection

To comply with the legally required insolvency protection, Alpine Edge uses the VZR Garant guarantee scheme (www.vzr-garant.nl). You can verify this via the participants page of the VZR Garant website. Within the limits of the Guarantee Scheme (available on the VZR Garant website), the VZR Garant guarantee applies. The Guarantee Scheme explains precisely to which (travel) offer the VZR Garant guarantee applies and what the guarantee entails. If services are not provided due to the financial inability of Alpine Edge, you can contact VZR Garant, located at Torenallee 20, 5617 BC Eindhoven, the Netherlands, via info@vzr-garant.nl or +31 (0)85 13 07 630.